CHAPTER I

INTRODUCTION

“Our youth is the hope of our motherland.” This is how our national hero Dr. Jose Rizal viewed

the roles of the youth of this country are. However, while the youth is viewed as the “hope” of our

country, some of our youth today are being viewed as delinquents, even as criminals. What is the future

of these children? This is the dilemma that our country is faced from the late 1980’s until this new

millennium. As it was during his time, how come a big percentage of our youths faced or are still facing

cases against delinquent acts now? What are the steps being taken by the Philippine Government in

preventing this kind of social problem?

BACKGROUND

ON JUVENILE CRIME AND THE LEGAL SITUATION IN THE PHILIPPINES IN THE

EARLY 1990s

The problems of street children and juvenile delinquents are much related social problems. To

survive in the street you almost have to become delinquent. Exposed to criminal elements these children

are vulnerable to prostitution, drug addiction and pushing and commission of crimes. Most street

children have become juvenile delinquents either out of necessity (because they are poor) or through

force (because of the syndicates). Young people in the streets are also criminalized and stigmatized for

no obvious crime committed. So many times the streets were cleaned up at the start of the tourist season

and as a consequence many street children were jailed because of vagrancy laws.

A large problem arose from the treatment accorded to the juveniles when they were placed in

jails. Most juvenile delinquents were not segregated from the hardened adult criminals in the biggest

jails in the Philippines, such as in the Muntinlupa jail outside Manila, so that after their release they went

back in the street with more knowledge of crime. This severely hampered the social integration of the
youth offenders after they left prison. Chances were high that these young offenders would become

chronic delinquents and eventually hardened criminals.

Presidential Degree no. 603 otherwise known as the Child and Youth Welfare Code was signed

into law on December 10, 1974 and became effective six months after its approval. This code mentions

in Chapter 3, articles 189-204, the care and treatment of youthful offenders from the time of

apprehension up to the termination of the case. (Marianne Murdoch-Verwijs, LLM from the Free

University, Amsterdam)

The Juvenile and Domestic Relations Courts provided a unique form of adjudication to youthful

offenders and disposal of family cases. It was effective in administering justice, because the methods

were not adversarial, but it was oriented to rehabilitation. However, on January 17, 1980 the Judiciary

Reorganization Act or Batasang Pambansa 129 abolished the Juvenile and Domestic Relations Courts.

STATEMENT OF THE PROBLEM

A child is God’s gift to a family. He/she is the “apple of the eye” of his/her parents. Each and

every child’s moral high ground starts at the very home cultivated by their parents. But what if these

children who are forced to live on the streets, forced into prostitution, drugs and slavery just to fend for

themselves? These children may become vulnerable to and at risk of committing criminal offenses.

What can society do when faced with this situation and the government imposed a Decree that

incarcerates the children of our country? What is the hope of the youth then? This is a great social

dilemma and confusion for the Filipinos today. This study aims to weigh the pros and cons of the

Juvenile Law and its effect to the youth when incarcerated with the adults. This study aims to answer the

following:

1. What is the Juvenile Justice Law of the Philippines?

 a. Who are the authors of this law?

b. What are the provisions of this bill/ law?

c. Who are considered as delinquents and why are they considered as such?

2. What are the different classifications and reasons for these delinquent behaviors?

3. What are the pros and cons of this law?

a. What are the opposing views of different sectors on this law?

4. What are the pros and cons on incarcerating the youth together with the adults?

5. Does this law need to be amended? Or does this law need to be completely revised?

SCOPE AND DELIMITATION

The study is conducted on the month of October. This study involves discussions and reviews

from written, printed and recorded sources and documentaries that show the advantages and

disadvantages of the Juvenile Justice System in the Philippines and the controversies and loopholes

surrounding it.

SIGNIFICANCE OF THE STUDY

This study might help every student of NCMC with questions in their minds that talks all about

RH Bill and also to know the truths and controversies involving this issue. This study also somehow can

benefit the students from understanding the Juvenile Justice Law thoroughly. This study might also

promote awareness and augment information on the advantages and the disadvantages of the Juvenile

Justice Law and its impact to help the youth of country do away from being delinquent and from saving

them from the effects of delinquency.

DEFINITION OF TERMS

The following are the terms and words used that help clarify and set the limits of the study.

a. Bail" refers to the security given for the release of the person in custody of the law, furnished by

him/her or a bondsman, to guarantee appearance before any court. Child" refers to a person under

the age of eighteen (18) years.

b. Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal offenses
because of personal, family circumstances, such as, but not limited to, the following: abused by any
person through sexual, physical, psychological, mental, economic or any other means and the
parents or guardian are unwilling, or unable to provide protection for the child; exploited including
sexually or economically; abandoned or neglected, and after diligent search and inquiry, the parent
or guardian cannot be found; coming from a dysfunctional or broken family or without a parent or
guardian; out of school; a street child; a member of a gang; in a community with a high level of
criminality or drug abuse; and in situations of armed conflict;
c. Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as,

having committed an offense under Philippine laws.

d. Community-based Programs" refers to the programs provided in a community setting developed for

purposes of intervention as well as rehabilitation of the child in conflict with the law, for

reintegration into his/her family and/or community.

e. Court" refers to a family court or, in places where there are no family courts, any regional trial court.

f. Deprivation of Liberty" refers to any form of detention or imprisonment, or to the placement of a

child in conflict with the law private custodial setting, from which the child in conflict with the law

is not permitted to leave at will by order of any judicial administrative authority.

g. Diversion" refers to an alternative, child-appropriate process of determining the responsibility and

treatment of a child in conflict on the basis of his/her social, cultural, economic, psychological or

educational background without resorting to formal court proceedings.

h. Diversion Program" refers to the program that the child in conflict with the law is required to

undergo after he/she is found responsible for an offense without resorting to formal court

proceedings.

i. Initial Contact With-the Child" refers to the apprehension or taking into custody of a child in conflict

with the law by law enforcement or private citizens.

j. Intervention" refers to a series of activities which are designed to address issues that caused the child

to commit an offense. It is an individualized treatment program which may include counseling, skills

training, education, and other activities that his/her psychological, emotional and psycho-social well-

being.

k. Juvenile Justice and Welfare System" refers to a system dealing with children at risk and children in

conflict with the law, which child-appropriate proceedings, including programs and services for

prevention, diversion, rehabilitation, and re-integration and to ensure their normal growth and

development.

l. Enforcement Officer" refers to the person in authority or his/her agent as defined in Article 152 of

the Revised Penal Code, a barangay tanod.

m. Offense" refers to any act or omission whether punishable under special laws or the Revised Penal

Code, as amended.

n. Recognizance" refers to an undertaking in lieu of a bond assumed by a parent or custodian who shall

be responsible for the appearance in court of the child in conflict with the law, when required.

o. Restorative Justice" refers to a principle which requires a process of resolving conflicts with the

maximum involvement of the offender and the community. It seeks to obtain reparation for the

victim; reconciliation of the offender, the offended and the community; and reassurance to the
 offender that he/she can be reintegrated into society. It also enhances public safety by activating the

victim and the community in prevention strategies.

p. Status Offenses" refers to offenses which discriminate only against a child, while an adult does not

suffer any penalty for committing acts. These shall include curfew violations; truancy, parental

disobedience and the like.

q. Youth Detention Home" refers to a 24-hour child-caring institution managed by accredited local

government units (LGUs) and and/or accredited nongovernment organizations (NGOs) providing

short-term residential care for children in conflict with awaiting court disposition of their cases or

transfer to other agencies or jurisdiction.

r. Youth Rehabilitation Center" refers to a 24-hour residential care facility managed by the Department

of Social Welfare and Development (DSWD), LGUs, licensed and/or accredited NGOs monitored

by the DSWD, which provides care, treatment and rehabilitation services for children in conflict

with the law. Rehabilitation services are provided under the guidance of a trained staff are cared for

under a structured therapeutic environment with the end view of reintegrating them into their

families and communities as socially functioning individuals. Physical mobility of residents of said

centers may be restricted pending court disposition charges against them.

s. Victimless Crimes" refers to offenses where there is no private offended party.

 CHAPTER II

REVIEW OF RELATED LITERATURE

OVERVIEW/ BACKGROUND OF THE PHILIPPINE JUVENILE LAW

The Presidential Degree no. 603 otherwise known as the Child and Youth Welfare Code was

signed into law on December 10, 1974 and became effective six months after its approval. This code

mentions in Chapter 3, articles 189-204, the care and treatment of youthful offenders from the time of

apprehension up to the termination of the case.

Before Marcos time the Juvenile and Domestic Relations Courts provided a unique form of

adjudication to youthful offenders and disposal of family cases. It was effective in administering justice,

because the methods were not adversarial, but it was oriented to rehabilitation. It viewed the minor as a

victim not as an aggressor. It undertook the reformation of the youth with the purpose of integration of

him or her into mainstream society.

However, on January 17, 1980 the Judiciary Reorganization Act or Batasang Pambansa 129

abolished the Juvenile and Domestic Relations Courts. Section 23 of that law authorized the Supreme

Court to designate certain branches of the Regional and Municipal Courts to act exclusively on juvenile

and domestic relations cases. However, these courts functioned also as courts of general jurisdiction

which meant that separate proceedings for youthful offenders were not possible. This in spite of the fact,

that the Philippines had signed all the International Treaties concerning the rights of children.

In the final years of the Marcos era, crime became hardened in the street. Between 1976 and

1983 murder, robbery, theft, rape and homicide rose from 37% to 58% of all crimes committed.

Delinquent youth doubled from 3,814 in 1987 to 6,778 in 1989. The majority (59.1 %) apprehended

were between 17 and 21 years old, while another 31.8% were between 13 and 16 years old. Only 2.3 %

were preteens. This was the situation based on data given by the Department of Social Welfare.
 Under Filipino law, article 189 of Presidential Decree 1179, a youthful offender is over nine but

under eighteen years of age of the time the offence is committed. Children under the age of nine are

exempt from criminal responsibility and those between nine and fifteen are liable only if they are able to

demonstrate discernment, which is a level of intellectual maturity including the ability to distinguish

right from wrong.

There are seven penitentiaries in the Philippines. Two of them are in Metro Manila, two

elsewhere in Luzon, one in the Visayas and two in Mindanao. As of November 1992, these

penitentiaries had a total of 14,007 inmates. More than half of them (or 7,717) were at the Bilibid Prison

in Muntinlupa, Metro Manila, which is the most crowded. There were 72 provincial jails, one for every

province, in the country. There are 60 city jails and 1,506 municipal jails all over the country. In an

experiential study of the Philippine Juvenile Justice System conducted by Marianne Murdoch-Verwijs,

LLM from the Free University, Amsterdam, she stated that the criminal justice system provides

inadequate rehabilitation and mostly punishes criminal behavior of youth. The conditions in these jails

and rehabilitation centers were deplorable. The worst one was the rehabilitation centre named the

Molave Youth Center. According to PAHRA (2), the Molave Youth Home suffered from a 67% rate of

congestion. The Molave Youth Home has ideal capacity of only 100 yet an average of 167 offenders

was being housed there.

According to the Youth Lifestyle Survey (YLS) carried among 4848 respondents (aged between

12 and 30 yrs.) between October 1998 and January 1999 several youth offences were reported. Almost

half of 12-30 year olds admitted committing at least one of the 27 offences at some stage of their lives

(57% men and 37% women). The other reported findings were as follows: (1.) almost a fifth (19%) of

12 to 30 year olds admitted one or more offence in the last 12 months. Women were less likely to have

offended (11%) as compared to men (26%). (2.) At the time of the reported offence, about half (48% of
men and 59% of women) had committed only one or two offences. (3.) Among all offences in 12 to 30

year olds, those in the age 14-21 committed most while those in the youngest (12 to 13) and oldest (26

to 30) age groups committed the least. (4.) The offending began at an average age of 13 ½ for boys and

14 for girls. (5.) The rates of offending are highest among men aged 18 – the peak age of offending;

among women the peak age of offending is 14. (6.) At the ages 12 and 13 there is little difference in

boys and girls in offending including drug use and drinking. The difference becomes marked after the

age of 14, and over the age of 17, male offenders outnumber the women by a ratio of about 3:1 (Flood-

Page et al. 2000, pp7-8)

To prevent the rise in number of juvenile delinquency situation in the Philippines, in 2005, a

similar Act was implemented in the Senate of the Philippines. The Republic Act 9344 also known as the

Juvenile Justice Act of 2006. Lawyer and at the same time Senator Francis “Kiko” Pangilinan authored

this bill on July 25, 2005. According to the Juvenile Justice and Welfare Act of 2006, the coverage of

this law are : “the different stages involving children at risk and children in conflict with the law from

prevention to rehabilitation and reintegration.”

THE PROVISIONS OF R.A. 9344

The Juvenile Justice Welfare Act of 2006 shall cover the different stages involving children at

risk and children in conflict with the law from prevention to reintegration.

Even as this law attempts to help society get rid of children who are in conflict with the law, this

Act still suffered from controversies from both the people and government officials because of the

negative impact of imprisonment to children and to society in terms of criminality rate. Since the

children in conflict with the law are not imprisoned, most of these children who are mostly minors are
involved in such heinous crimes as human trafficking, killing, theft, drug-related incidents, and other

crimes.

The second Chapter of this law describes the PRINCIPLES IN THE ADMINISTRATION OF

JUVENILE JUSTICE AND WELFARE which includes the rights of the child in conflict with the law,

Rules for the Protection of Juveniles Deprived of Liberty which covers Minimum Age of Criminal

Responsibility and the Determination of age of the juvenile delinquent.

TITLE II STRUCTURES IN THE ADMINISTRATION OF JUVENILE JUSTICE AND

WELFARE
In this title, the law describes the Juvenile Justice and Welfare Council (JJWC) as the

Department of Justice’s partner center for children who are in conflict with the law. Moreover, the DOJ

sets the following Departments of the government to implement this Act: Department of Social Welfare

and Development. It shall ensure the effective implementation of this Act and coordination among the

agencies: Council for the Welfare of Children (CWC); Department of Education (DepEd); Department

of the Interior and Local Government (DILG); Public Attorney's Office (PAO); Bureau of Corrections

(BUCOR); and Probation Administration (PPA) National Bureau of Investigation (NBI); Philippine

National Police (PNP);. Bureau of Jail Management and Penology (BJMP); Commission on Human

Rights (CHR); Technical Education and Skills Development Authority (TESDA); National Youth

Commission (NYC); and Other institutions focused on juvenile justice and intervention programs.

JJWC shall be composed of representatives, whose ranks shall not be lower than director, to be

designated by the concerned heads following departments or agencies: Department of Justice (DOJ);

Department of Social Welfare and Development (DSWD); Council for the Welfare of Children (CWC),

Department of Education (DepEd); Department of the Interior and Local Government (DILG);

Commission on Human Rights (CHR); and National Youth Commission (NYC).

WHO ARE CONSIDERED JUVENILE DELINQUENTS?

According to the Juvenile Justice Law of the Philippines, a child fifteen (15) years of age or

under at the time of the commission of the offense exempt from criminal liability. However, the child

shall be subjected to an intervention program pursuant to Section 20 of above fifteen (15) years but

below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected

intervention program, unless he/she has acted with discernment, in which case, such child shall be

subjected to the appropriate proceedings accordance with this Act. exemption from criminal liability

herein established does not include exemption from civil liability, which shall be enforced in accordance

with existing laws.

WHAT IS YOUTH DELINQUENCY?

Youth delinquency is an act or misbehavior that is different from the normal procedure or rules

and regulations, customs and traditions, and culture being committed by the youth.

WHAT ARE THE CLASSIFICATIONS OF YOUTH DELINQUENCY?

There are four classifications of Youth Delinquency: (A) Social Delinquents or youth who hate

authority especially those who have control over their behaviors. They are in conflict with what is right

and they do this with friends. ; (B) Neurotic Delinquents or youth who are always acting alone and

always internalizing his/her own conflicts due to insecurity. ; (C) Asocial Delinquents or youths who are

always cold and brutal and have vicious quality for which he/she does not feel anything; and (D)

Accidental Delinquents or youths who have identifiable character but happens to be at a wrong place at

a wrong time. (Rivera, Arnel O. LPU Cavite)

THE PSYCHO-SOCIAL FACTORS AND REASONS FOR JUVENILE DELINQUENCY

The reasons for Child Delinquency are numerous and seemingly surprising. In a study conducted

by Keenan, 2001, he stated that the pre-school is the most critical time of a child’s development when

disruptive behaviors occur most of the time and shows signs of early delinquency. The preschool period

is the critical time that sets a child’s behavior whether or not he/ she becomes delinquent in the future.

As young as 2 years old, a child can show signs of early life delinquency. Moreover, according to this

study there are reasons for a child’s behavior that may affect the development of pro- and anti- social

behavior during pre-school and beyond:

1. Language is the primary means by which parents and elders affect children’s behavior.

Delayed language development may affect/ increase a child’s stress level and impede/

prevent from normal association with others. (Stattin and Klackenberg- Larsson, 1993)

2. Temperamental Characteristics are individual predispositions for certain behavioral

characteristics that can be modified by environmental influences (Goldsmith, et.al. 1987)

3. Low attachment to caregivers as in early mother-infant relations and bonds plays an

important role in later child behavior and delinquency problems. (Egeland and Farber 1994).

The closer the mother to her infant, the less likely a child is to be at risk of delinquency.

4. Economic Factors. Juvenile delinquency is driven by the negative consequences of social

and economic development, in particular economic crises, political instability, and the

weakening of major institutions (including the State, systems of public education and public

assistance, and the family). Socio-economic instability is often linked to persistent

unemployment and low incomes among the young, which can increase the likelihood of their

involvement in criminal activity. A large number of available researches on backgrounds,

 circumstances, and attitudes of future offenders have identified factors that point to an

increased risk of future criminal behavior among children. Some of them as pointed out are

troubled home life; poor attainment at school, truancy and school exclusion; drug or alcohol

misuse and mental illness; deprivation such as poor housing and homelessness; peer group

pressure (Home Office. What causes youth crime, Available at:

http://www.homeoffice.gov.uk/crime-victims/reducing-crime/youth-crime/).

5. Cultural Factors. Culture plays a role in developing juvenile devious behaviors. An

example of such a setting would be the modernization of traditional societies and the

accompanying changes wrought by the application of new technologies (i.e. Video and

computer games and applications according to a study y Cheryl Olson ScD.); shifts of this

magnitude affect the types and organization of labor activity, social characteristics, lifestyles

and living arrangements, and these changes, in turn, affect authority structures, forms of

obedience, and modes of political participation—even going so far as to influence

perceptions of reality. (American Psychological Association, “Violence and youth:

psychology’s response”, summary report of the APA Commission on Violence and Youth

(Washington, D.C., 1993)).

6. Urbanization. The ongoing process of urbanization in developing countries is contributing

to juvenile involvement in criminal behavior. The basic features of the urban environment

foster the development of new forms of social behavior deriving mainly from the weakening

of primary social relations and control, increasing reliance on the media at the expense of

informal communication, and the tendency towards anonymity. These patterns are generated

by the higher population density, degree of heterogeneity, and numbers of people found in

urban contexts.
 7. Peer Influences. Youth policies seldom reflect an understanding of the role of the

peer group as an institution of socialization. Membership in a delinquent gang, like

membership in any other natural grouping, can be part of the process of becoming an adult.

Through such primary associations, an individual acquires a sense of safety and security,

develops a knowledge of social interaction, and can demonstrate such qualities as loyalty or

leadership. In “adult” society, factors such as social status, private welfare, race and ethnicity

are of great value; however, all members of adolescent groups are essentially in an equal

position and have similar opportunities for advancement in the hierarchical structure. In these

groups well-being depends wholly on personal qualities such as strength, will and discipline.

From: S. Venkatesh, “The social organization of street gang activity in an urban ghetto”,

American Journal of Sociology, vol. 103, No. 1 (July 1997), pp. 82-111. Social Factor.

In 2003, the United Nations conducted a study that sought to find out reasons for juvenile

devious behaviors. The UN Reports stated that for many young people today, traditional patterns

guiding the relationships and transitions between family, school and work are being challenged. Social

relations that ensure a smooth process of socialization are collapsing; lifestyle trajectories are becoming

more varied and less predictable. The restructuring of the labor market, the extension of the maturity gap

(the period of dependence of young adults on the family) and, arguably, the more limited opportunities

to become an independent adult are all changes influencing relationships with family and friends,

educational opportunities and choices, labor market participation, leisure activities and lifestyles. It is

not only developed countries that are facing this situation; in developing countries as well there are new

pressures on young people undergoing the transition from childhood to independence.

 According to the UN Reports in 2003, some of the factors that affect child behaviors include:

rapid population growth, the unavailability of housing and support services, poverty, unemployment and

underemployment among youth, the decline in the authority of local communities, overcrowding in poor

urban areas, the disintegration of the family, and ineffective educational systems are some of the

pressures young people must deal with.

In Asian countries, juvenile crime and delinquency are largely urban phenomena. Statistically, as

is true elsewhere, young people constitute the most criminally active segment of the population. The

most noticeable trends in the region are the rise in the number of violent acts committed by young

people, the increase in drug-related offences, and the marked growth in female juvenile delinquency.

The financial crisis that hit some countries in East and South-East Asia in the late 1990s created

economic stagnation and contraction, leading to large-scale youth unemployment. For millions of young

people, this meant a loss of identity and the opportunity for self-actualization.

THE PROS AND CONS OF INCARCERATING A CHILD IN CONFLICT WITH THE LAW

PRO

1. A CRIME IS PUNISHABLE BY LAW. A crime is a crime no matter what the age the

criminal is. Only because a child commits a crime does not mean that the victim did not

suffer, therefore, the child in conflict with the law shall be punished but in accordance with

the law and protection of his/her rights as a child.

2. JUVENILES SHOULD BE TRIED AS ADULTS. As children, they should be punished as

the law punishes the adults. This Act will help the child in conflict with the law deter from

committing any further crimes by making them aware that they are not given any special

consideration just because of their age but they will understand the consequences of their
 action. Another argument made by this side is that if an individual infringes upon

somebody’s "Life liberty and the pursuit of happiness" then they should be tried as an adult

regardless of age.

3. LOWERS THE CRIME RATE IN SOCIETY. This Act will help children avoid doing wrong

things such as robbery, murder, rape and other heinous crimes prevalent in our society today.

When there are harsh punishments on juveniles who commit crimes, others will learn from

their mistakes and will deter them from committing crimes.

4. TREATMENT OF OFFENDERS IN EQUALITY. In addition, it is the responsibility of

society to treat all offenders equally without exemption. Furthermore, the juvenile justice

system is a slap on the wrist compared to the adult justice system.

5. HEIGHTEN SOCIAL RESPONSIBILITY. It is simply harmful to assume protection for a

group and say they have no responsibility which only leads juveniles to adopt their

"irresponsible" roles in society and lose any chance of becoming responsible. Society already

pampers its members with irresponsibility, and it's time to start fixing the no consequence

state.

In the contrary, the Con side argues that juveniles should not be tried as adults.

1. JUVENILES SHOULD NOT BE TRIED AS ADULTS. The juvenile courts are necessary

because children cannot be tried in the same manner as adults. On most occasions, the kids

who have committed a crime are very young. It is understood and proven that at an early age,

it is impossible for children to have the mental ability like that of a normal adult, to plan and

execute a crime and moreover to understand the consequences of it. So all in all, it is due to

this yet to develop the thought processes of an adult that demands us to treat them differently.
2. CONSIDER MATURITY OF A CHILD. It is only after their adolescent years that a child

becomes mature and begins to understand important concepts like society and expectations.

During adolescence years children are still trying to deal with society, their own inner battles

of peer pressure, lack of direction, impulsiveness and lack of identity. At such a time, when

they have no responsibilities, and maturity it is not expected of them to understand the

consequences. Therefore, it is considered unjust to convict them in the manner as adults.

3. THE CHILD IN CONFLICT WITH THE LAW, IF TRIED AS AN ADULT WILL

BECOME REMORSEFUL. The individual will remember throughout the period of the

sentence, the reason why he or she has been punished. The individual will then feel

remorseful for his or her actions. On the other hand, juvenile delinquents who commit a

crime will most likely repress the memory of that crime. As the time of their sentence

progresses, they will have only a vague recollection of the crime. Therefore, feeling

remorseful is less likely to happen. Psychologists say that as his age progresses; he will have

very little recollection of the details of the crime and the remorse that he felt then. He will

probably repress the memory as he ages.

4. THE PROBLEM LIES ON THE PARENTS OF THE CHILD IN CONFLICT WITH THE

LAW AND NOT THE CHILD. On this side of the dispute, psychologically speaking, it is

said that the problem lies with the parents and not the child. Which means it is the duty of the

parents to teach their kids values, morals and responsibilities. Comparably, teaching kids

about not handling something that is dangerous or getting them to understand the

consequences of their actions is the job of the parents. If they fail to do that, the children will

not understand it. It is also argued that since we take the age factor into consideration when it

comes to important issues like marriage, benefits, voting and jobs, because we know that the
 same cannot be expected of kids, then why is it alright to execute harsh forms of punishments

on them in the same way as that done for adults?

In her POSITION PAPER OF THE PSYCHOLOGICAL ASSOCIATION OF THE

PHILIPPINES ON THE AMENDMENT TO THE JUVENILE JUSTICE AND WELFARE ACT. HB
6052 Ms. Alvarez,Margaret Udarbe- PhD External Relations Officer, Psychological Association of the
Philippines, presented the following evidence and implications from Psychology research against the
amendment of this Bill:

Scientific research on adolescent development and juvenile delinquency provide evidence that
children and adolescents differ significantly from adults in decision-making, propensity to engage in
risky behavior, impulse control, identity development, and overall maturity. The developmental
immaturity of juveniles mitigates their criminal culpability. Although they may be able to discern right
from wrong action, it is their capability to act in ways consistent with that knowledge that is
compromised by several factors at this stage:

1. Deficiencies in Decision-making Capacity • The adolescent brain is still under

development. Significant changes in brain anatomy and activity are still taking place in the

(prefrontal) regions that govern impulse control, decision-making, long-term planning, emotion

regulation, and evaluation of risks and rewards. These abilities, which are involved in criminal

behavior, do not fully form until young adulthood, making early and middle adolescents (ages

12-16) especially vulnerable to risky and reckless behavior.

• The adolescent is psychosocially immature compared to adults. Because of still-developing

cognitive abilities and limited life experiences, adolescents are less able and less likely than

adults to consider the longer-term consequences of their actions.

• Adolescents differ from adults in their assessment of and attitude towards risk. Compared to

adults, adolescents place relatively less weight on risk, and give more weight to rewards. They

also have different goals and values than adults. These may result in youth giving more

importance to, for example, peer approval than safe behavior.

2. Heightened Vulnerability to Coercive Circumstances

• As minors, young people lack the freedom that adults have to assert their own decisions and

extricate themselves from criminogenic settings. There is local evidence that children are often

used and abused by adults to engage in criminal acts. Youth are powerless in such circumstances

because they fear retribution, do not have or are not aware of alternative actions, or look up to or

are emotionally attached to the criminal proponents.

• Adolescents are more susceptible to peer influence than are adults. Because of the desire for

approval and belonging at this stage, adolescents’ choices reflect what they believe will merit the

approval of their peers. Peers and adults serve as models for behavior that adolescents believe

will help them achieve their goals. The fact that juvenile crimes tend to take place in groups or

gangs points to the significant role of peer influence and pressure.

3. The Disadvantaged Environment and Profile of the Filipino Child in Conflict with the Law

(CICL)

• The typical CICL is poor, lacking in education, a victim of parental neglect and/or abuse, and

lives in a criminogenic environment. These clearly place the young person at a disadvantage,

making deficiencies in decision-making and vulnerability to coercion all the more pronounced.

To place such a young person, already victimized, into the hands of the criminal justice system

further curtails his or her future prospects, and pushes them further towards a negative life

trajectory. The aforementioned characteristics of youth indicate that they are less capable than

adults—even at age 15, but most certainly at age 12—to behave in accordance with what they

may discern or know to be right versus wrong action. Although transitory, these developmental

limitations are not under the volitional control of the young person. (Steinberg, L., & Scott, E.

(2003).)
 Moreover, adolescence is still a time of self and identity development, and antisocial

behaviors do not reflect “criminal identity” at this stage. Research (Alampay, L.P. (2006).) and

implications for prevention indicates that most youth abandon antisocial behavior at the time that

they exit adolescence, and that only a minority persists in criminal behavior as a function of

pervasive neurological and environmental risk factors. In fact, exposure to the criminal justice

system, where the child will be labeled a criminal and where he or she is exposed to criminal

models, will more likely establish the “criminal identity” of the young person. Studies have

shown that encounters with the adult justice system results in greater subsequent crime, including

violent crime, for the juvenile.

In a newspaper article by Rina Jimenez- David entitled “Redemption or punishment?” in the

Philippine Daily Inquirer, February 26, 2011 she argued the practicability of the Juvenile Justice

Law (RA9344) by Senator Francis Pangilinan. She said that children who are in conflict with the

law must not be imprisoned but “rehabilitated” and shunned away from Adult criminals. Ms.

Jimenez- David emphasizes that a child is a child no matter what.

“The reason behind this is that a child is still young enough to rebuild his or her life, and
with guidance and assistance could start anew and move forward without the baggage of an
errant youth or tragic past. Implicit in this is the belief that a person’s life history, personality
and behavior are not cast in stone. Rather, it is continually evolving, especially in the case of a
child who commits a crime or becomes a victim of a crime, who has enough time and is
sufficiently malleable to be “rehabilitated,” “re-educated” or transformed into a law-abiding,
productive and tax-paying citizen.”

Ms. Jimenez-David further said that there are numerous complains about youthful

offenders, but also local authorities, national officials and even legislators, who now want the

amendment or outright repeal of the Juvenile Justice and Welfare Act of 2006, principally

authored (and shepherded and championed) in the Senate by Sen. Francis Pangilinan.
 For the most part, much of the evidence or arguments against the law have been

anecdotal, citing break-ins where the participation of a child is betrayed by a small footprint or

handprint. Some report that adult criminals have taken advantage of the law and now recruit and

use underage cohorts to carry out their dirty deeds, including robbery and acting as drug mules,

believing that, if caught, the young criminals would go scot-free or get mere slaps on the wrist.

Officials in Cebu called for the amendment of the Juvenile Justice Law after a pregnant woman

and her five-year-old daughter were killed by the woman’s 16-year-old son. Several provincial

officials weighed in, one of them saying that teenagers are already capable of committing crimes

and should be punished.

In 2011, the late Interior Secretary Jesse Robredo likewise called for the law’s

amendment. He cited “intelligence reports” from the PNP which said that “the youth are getting bolder and

braver in committing offenses such as theft and robbery because of their knowledge that they will eventually be set

free or turned over to the Department of Social Welfare and Development.”

Foremost among the suggested amendments (cited in an editorial in this paper) is the

lowering of the age of criminal responsibility from 15 years to nine years old. A youthful Senator

Chiz Escudero, has called for the “suspension” of the implementation of the law, citing the

perceived upsurge in the number of crimes committed by minors. However, Pangilinan says the

“main problem” with the Law (RA 9344) is that “even its key stakeholders do not understand the

law, and therefore are not able to implement it properly.”

Contrary to common belief, Pangilinan says that the law does not “exempt” children or

youths from taking responsibility for their actions. What it does, though, is ensure that “youth

offenders judged or incarcerated as adults.”

 In 2005, according to a study by Unicef (one of a broad coalition of child-welfare groups

that worked for the passage of the law), some 4,000 Filipino children were in prison. The great

majority of them were in jail for minor crimes, most notably theft or burglary. Ms. Jimenez

David remembers Pangilinan telling her at the time about two boys he met in a local prison who

had spent about a year behind bars for stealing used wires, whose value totaled about P400.

Before the law’s passage, many child offenders (even before they were brought to trial)

were mixed in with adults. Jails served as virtual “universities” for crime, where children learned

criminal behavior and were corrupted by their initiation into the criminal underworld. Some

children were deliberately kept in the dark about their rights, oftentimes by police or jail wardens

who used their young “wards” as gofers, indentured servants or worse, sex toys.

When critics say that youth offenders can go “scot-free” without going through the

criminal justice system, they are probably referring to the policy of “diversion” enshrined in the

law. Youthful offenders (depending on the crime they are charged with) are “diverted” from the

courts and are instead subject to different interventions, from confinement in a juvenile facility,

turnover to the DSWD for supervision, and even to community-based reconciliation processes.

One of the main principles in the Juvenile Justice Law is “restorative justice,” which has

been defined as a way of “resolving conflicts with the maximum involvement of the victim, the

offender and the community.” It offers “reparation for the victim, reconciliation of the offender,

the offended and the community, with a reassurance to the offender that he or she could be

reintegrated with the community.” In that way is the community’s sense of safety “restored,”

with potential criminals undergoing rehabilitation.

 The emphasis, it should be noted, is on reparation and reconciliation, and is entirely in

line with our social and philosophical belief in the possibility of renewal, and not just on punitive

incarceration that destroys all hope for the future.

Pros and Cons of Transfer to Adult Criminal Court

A study was conducted by Kathleen Michon, J. D., in 2004 on Juvenile delinquency expresses

her ideas on juvenile justice. Usually, juveniles and their attorneys fight to keep a case in juvenile court.

But there are also advantages to being tried in adult criminal court. Here are some of the pros and cons

for juveniles whose cases are waived to adult court.

Advantages of Adult Criminal Court

Sometimes, it can be advantageous for a juvenile to be tried in adult court. Here are some reasons why.

 Minors have the right to a jury trial in adult court (most states do not provide a right to a jury in

juvenile court).

 Juries in adult court may be more sympathetic to a minor.

 In some jurisdictions where dockets and jails are crowded, the court may be inclined to dispose

of the juvenile's case more quickly and impose a lighter sentence.

Disadvantages of Adult Criminal Court

Some of the disadvantages for juveniles in adult court include the following:

 The juvenile is subject to more severe sentences, including life sentences.

  Judges in adult court do not have the wide range of punishment and treatment options that are

available to juvenile court judges -- such as imposing a curfew or ordering counseling instead of

jail time.

 The juvenile may have to serve time in adult jail or prison, rather than in juvenile detention

centers.

 A conviction in adult criminal court carries more social stigma than a juvenile court judgment

does.

 Adult criminal records are harder to seal than juvenile court records -- sealing or "expunging"

records makes them unavailable to the public.

However the international treaties, for which the Philippines was a signatory, put emphasis on the

fact that children should not be detained in jails and in exceptional cases, if they are detained, then only

for a very short time. Because of lack of funds there are still not enough programs for education,

vocational training and rehabilitation centers. Young offenders, many of them first offenders were

mixed with professional, “hardened criminals’, thereby turning jails and prisons into schools of

criminality.
 CHAPTER III

INTERPRETATION AND ANALYSES OF GRAPHS, TABLES AND FIGURES

Source: Cheryl Olson, ScD, et al., "Factors Correlated with Violent Video Game Use by Adolescent
Boys and Girls,” Journal of Adolescent Health, Jan. 2007. This figure shows that there is a high
frequency of boys playing video and electronic games than girls as a factor of juvenile delinquency.

Figure 3. Juvenile Violent Crime by Type and Year, 1995-2008

Figure 3 shows that there is a decreased number of youth offenders since the amendment of the Juvenile
Justice Law in the Philippines. Source: National Statistics Office
Source: WCCD (Available in CWC’s Subaybay Bata’s Monitoring System) Conducted byt the
United Children’s Educational Fund (UNICEF) in 2011. Based on data obtained from Subaybay
Bata’s Monitoring System, there were 1,995 CICL in 2006 but this does not include other CICL
recorderd by other institutions. A close look at Table iii.23 shows the number of CICL to be
declining since 2001 and the rate of decline is highest in 2005 (38%) in relation to 2004. The two
most common crimes committed by CICL are theft and illegal use of rugby (solvent). In contrast,
data from Juvenile Justice and Welfare Council (JJWC) shows that the number of CICL nationwide
in 2006 was 5, 297 (Table III.24) No comparison can be made as the 2007 data is still very
preliminary.
This graph shows the under- or over-use of prisons (prison occupancy, or the number of prisoners
compared to the number of places in prisons – over 100% indicates overpopulation in prisons, and hence
bad prison conditions). The Philippines is the second country which has high prison occupancy rate.
Source: International Center for Prison Studies, University of Essex, England.
 Human Rights Facts (87): Juvenile Incarceration « P.A.P. Blog - Politics, Art and Philosophy

This Table shows that the Filipinos are the one of the highest criminals incarcerated in the United States
of America including youth offenders who are part of gangs, drug syndicates and drug pushers. Most of
these offenders are Male at the age of 18.
Figure 1; This figure shows youth referred to court for a delinquency offense for the first time before the
age of 13 were far more likely to become chronic juvenile offenders than youth first referred to court at
an older age.

Figure 2 shows the overlap between juvenile offenders and serious, violent and chronic offenders for
two groups: child delinquents and older onset delinquents. A larger proportion of child delinquents,
compared with later delinquents become serious offenders. Also a higher proportion of violent child
delinquents became chronic offenders.
Figure 3: In more than 20 studies reviewed, the Study Group found a significant relationship between an
early onset of delinquency and later crime delinquency. Child delinquents, compared with juveniles with
a later onset of delinquency, are at greater risk of becoming serious, violent, and chronic offenders and
have longer delinquency careers.

Source: The State of the World’s Children 2011. Conducted by the United Children’s Educational Funds
(UNICEF). The Table above shows that the Philippines has high incidences of Child labor and
moderately high incidences of Child Marriages. The National Statistics Office has reported high
frequency of Birth Registrations from the year 2000-2009. There is zero indicators of female genital
mutilation/ cutting, but a total of 14 incidences of Attitudes towards domestic violence. There is also
zero number of child disciplinary acts taken from the year 2005-2006.
Source: National Statistics Office, The Philippines in Figures 2012. Crimes and Delinquency. This
figure shows the delinquency level of the Philippines in 2012. This figure also shows the reported
crimes, crime rate index and causes of crimes in the country, half of these crimes are being committed
by juveniles who are still on the loose.
 CHAPTER IV

A. FINDINGS/ SUMMARIES

Juvenile delinquency is a state of mind of a child. It is the behavior wherein a child does not know

what he/ she is doing or whether what he/she is doing is right or wrong. One of the many factors of these

deviant behaviors is the amount of guidance that these children lack from parents/ elders.

Based on the study, the researcher found out that the first persons who are in contact with the

children in conflict with the law should be able to guide them in their daily lives. Parents must be the

ones who will be guiding the children in conflict with the law.

The Role of the Family to help a Child in Conflict with the Law Cope with the Current

Problem. As the basic unit of society, the family has the primary responsibility of honing and

developing a child’s character. In case a child does not have a family, an extended family may give him/

her the care and guidance he/ she needs as a child. As far as practicable and in accordance with this Act,

the child in conflict with the law will be maintained in his/ her family for further guidance and direction.

This way the child in conflict with the law will not be considered as a menace to society anymore but a

treasure to his/ her parents and community.

Educational System. The country’s educational institutions will be of help not only for the

children who are in conflict with the law but also in the absence of his/ her family. The educational

institutions will be partnered by the families of the children, the community and other government

agencies and departments and non-government organizations in the prevention of juvenile delinquency

and in the rehabilitation and restoration of the child in conflict with the law. Schools shall provide

enough information and guidance and shall provide necessary individualized educational programs for

the child in conflict with the law. In case a child is in custody of a government agency that handles their

cases, the child will be provided with the opportunity to study in an environment similar to a school.
 The Mass Media plays an important role in information dissemination of child rights and

prevention of child delinquency by delivering messages that are clear and balanced. Media practitioners

shall have high professional standards in informing the public on dismal effects of abuse to a child’s

behavior. In publicity concerning children in conflict with the law, the safety and confidentiality of the

child’s case shall be the priority of the media practitioners. Any unfair and sensationalized publicity of a

case involving a child in conflict with the law and the violation of the child’s rights will be sanctioned

by the law.

RECOMMENDATION

The Role of the Government and Government Agencies to help a Child in Conflict with the

Law Cope with the Current Problem. The government must keep serious offenders aged 12 to 15

years old off the streets and in the custody of Social Workers. This is in accordance with the

government’s “solution” to this chronic social problem as drafted to the amendments to the law on

juvenile delinquents (RA 9344) since many of heinous crimes are already being committed by younger

children, even as low as the age of 15. Many local officials are already complaining about incidents of

rape, murder, robbery, and so forth. This is one reason why the law must be amended by the government

into lowering the age of liability of the child in conflict with the law.

Section 20 of RA 9344 states that children aged 15 and below who are taken into custody by the

police must be immediately released to their parents, guardian or nearest relative.

If the parents could not be found or refuse to take custody, the child may be released to a duly

registered nongovernment or religious organization, a barangay (village) official or member of the

barangay council for the protection of children (BCPC), a local social welfare officer, or the Department

of Social Welfare and Development (DSWD), the law said.

But under the proposed amendments, repeat or serious offenders in the 12-15 age bracket will

now be subjected to what Senators called “an intensified intervention program and involuntary

commitment.” But this statement by Senators (“involuntary commitment”) should not be interpreted as a

form of detention or penalty. This is rehabilitation for them to change their lives for the better.

CONCLUSION

In developing countries like the Philippines, the reality contradicts what the law is describing. In

the Philippines, the individual is blamed for his wrongdoings. Even with this situation, not much is done

by the state to correct structural inequality of the classes, overpopulation and the corruption of

politicians and the judiciary. No drastic changes are being made by the state for the betterment of the

individual, so the status quo remains. If the state is not prepared to help juvenile delinquents surely the

crime rate will rise, because they are learning from the adults in the prison. Furthermore the problem of

AIDS will increase. The solution to the problem of controlling juvenile delinquency is not incarceration

or imprisonment but good education and vocational training thus emphasizing prevention and

rehabilitation. This is also a call to the Senators to improve the current provisions of the law in lowering

the age of liability of the child in conflict with the law. This way, society will not only see but also feel

that the government is doing its part on preventing crimes committed by children in conflict with the

law.

When we are dealing with children in conflict with the law, we are dealing with children who

had a bad start in life with circumstances and experiences very difficult to accept. The state has the

obligation according to articles 4 of the United Nations Convention on the Rights of the Child to protect
all children and to translate all rights in the Convention into reality. So when we are talking about

children in conflict with the law we are not only appealing to articles 37, 39 and 40, but to all articles of

this Convention. Now the main legal protection for underprivileged youth is implemented in the

Philippines, the Government of this country has the obligation to show the world its role as a true

protector of human rights. A constructive social policy for all young people will help in the prevention

of juvenile delinquency with emphasis on free education. Many who are abandoned, neglected, abused,

exposed to drug abuse are in marginal circumstances and are in general at social risk. Those should have

the immediate attention of the authorities and NGOs.

There should be a move away from institutionalization and children, in their best interest, should

be rehabilitated as early as possible and integrated back into society, so that they can play a constructive

role. For those who have become hardened criminals as young as they are, there cannot be another way

of living. For them miracles of change are only possible when a religious aspect is brought into their

lives. Perhaps, proper guidance from parents and elders can be one way of eliminating this type of

behavior to the child in conflict with the law. Therefore, parents must give proper spiritual guidance to

their children to prevent these kinds of personality defects in children who are in conflict with the law.